UNITED
NATIONS
TD
United Nations
Conference
on Trade and
Development
Distr.
GENERAL
TD/B/COM.2/CLP/70
6 May 2008
ENGLISH
Original: ENGLISH/FRENCH/
SPANISH
TRADE AND DEVELOPMENT BOARD
Commission on Investment, Technology
and Related Financial Issues
Intergovernmental Group of Experts on
Competition Law and Policy
Ninth session
Geneva, 15-18 July 2008
REVIEW OF CAPACITY-BUILDING AND TECHNICAL ASSISTANCE
IN THE AREA OF COMPETITION LAW AND POLICY
Note by the UNCTAD secretariat
Executive summary
UNCTAD provides capacity-building and technical assistance on competition law and
policy to developing countries and economies in transition in accordance with requests
received and resources available. The activities include both national and regional assistance
in drafting competition laws and application guidelines, as well as institutional capacity for
better implementation of competition laws. They also cover competition advocacy for the
creation of a dynamic enterprise sector, the promotion of economic growth and development,
and the promotion of consumer welfare. This document further contains information provided
by member States and international organizations to UNCTAD on technical cooperation
activities and requests for assistance in the field of competition law and policy.
GE.08-50980 (E)
160508
220508
TD/B/COM.2/CLP/70
page 2
CONTENTS
Page
Introduction ........................................................................................................................
3
I. PROGRESS REPORT ON UNCTAD CAPACITY-BUILDING AND
TECHNICAL COOPERATION ..............................................................................
3
A.
Activities extended to individual countries ....................................................
6
1.
Competition advocacy ...........................................................................
6
2.
Assistance in the preparation of national competition laws ..................
6
3.
Training of competition case handlers ...................................................
7
4.
Institution-building ................................................................................
8
5.
Consumer protection ..............................................................................
8
6.
Peer reviews and follow-up ...................................................................
8
B.
Regional and subregional activities ................................................................
9
C.
Participation in seminars and conferences ......................................................
10
II. INFORMATION ON CAPACITY-BUILDING AND TECHNICAL
COOPERATION OF MEMBER STATES AND INTERNATIONAL
ORGANIZATIONS .................................................................................................
10
A.
Assistance provided, planned or received .......................................................
10
B.
Requests for assistance ....................................................................................
17
TD/B/COM.2/CLP/70
page 3
Introduction
1.
The United Nations Set of Principles on Competition, adopted by the General Assembly
in 1980 (General Assembly resolution 35/63 of 5 December 1980-TD/RBP/CONF.10/Rev.2),
calls on UNCTAD and its member States in Section F, paragraphs 6 and 7, to provide technical
assistance, advisory and training programmes on restrictive business practices, particularly for
developing countries.
2.
In the agreed conclusions of the annual session of the Intergovernmental Group of Experts
on Competition Law and Policy (IGE) (17-19 July 2007, (TD/B/COM.2/CLP/63), member
States took note with appreciation of the voluntary financial and other contributions received
from member States and invited member States to continue to assist UNCTAD on a voluntary
basis in its capacity-building and technical cooperation activities by providing experts, training
facilities or financial resources. The IGE also requested the UNCTAD secretariat to pursue and,
where possible, expand its capacity-building and technical cooperation activities (including
training) in all regions, within available resources. In addition, the IGE requested the secretariat
to report on capacity-building and technical assistance during the ninth session, scheduled
for 16-18 July 2008.
3.
Accordingly, this note contains information on the capacity-building and technical
cooperation activities of the UNCTAD secretariat in 2007, as well as information provided by
member States and international organizations to UNCTAD on technical cooperation activities
and requests for assistance in the field of competition law and policy.1
I.
PROGRESS REPORT ON UNCTAD CAPACITY-BUILDING
AND TECHNICAL COOPERATION ACTIVITIES
4.
UNCTAD technical cooperation activities aim at assisting developing countries, including
the least developed countries (LDCs) as well as economies in transition, in formulating and
reviewing competition policies and legislation and implementing competition laws by building
national institutional capacity; promoting the creation of a competition culture among
Government officials, private sector, consumers and academics; supporting regional cooperation
on competition policy; and assisting countries and regional groups to better formulate the
modalities and forms of regional cooperation on competition issues that are supportive of trade,
investment and development.
5.
Technical assistance is provided in accordance with requests received, needs of countries
concerned and resources available. It takes the following main forms: (a) provision of
information on anticompetitive practices, their existence and possible adverse effects on the
economy, which may involve a study on these practices in a specific country; (b) introductory
seminars and workshops on the role of competition in promoting development directed at a
1
In reply to note UNCTAD/DITC/CLP/Misc/2007/12 of 21 November 2007.
TD/B/COM.2/CLP/70
page 4
wide audience, including Government officials and academics as well as business and
consumer-oriented circles; (c) assistance to countries or regional organizations which are in the
process of drafting competition legislation in the form of provision of information on such
legislation in other countries or advice on drafting competition law and related legislation;
(d) advisory services for the setting-up or strengthening of competition authorities, which usually
includes preparation of institutional framework report, training of officials responsible for the
actual control of anticompetitive practices, including the judiciary, which may involve training
workshops and/or on-the-job training with competition authorities in countries having experience
in the field of competition; (e) seminars and workshops for countries which have already adopted
competition legislation, have experience in the control of anticompetitive practices, and wish to
better enforce competition legislation or consult each other on specific cases and exchange
information; (f) assistance to countries or regional organizations which wish to revise their
competition legislation and seek expert advice from UNCTAD and competition authorities in
other States, so as to amend their laws in the most effective manner possible; (g) conduct of
voluntary peer reviews (VPRs) of competition law and policies of interested countries;
(h) assistance to developing countries, including LDCs as well as economies in transition, with a
view to helping them better evaluate the implications of regional and bilateral cooperation on
competition issues; (i) assistance to countries and regional organizations in identifying the role of
competition policy in the promotion of competitiveness and development, as well as the need for
a development-oriented competition policy and its implications at the national, regional and
international levels, as well as strategies for international cooperation in this area; and
(j) assistance in formulating appropriate sector regulations and competition policies.
6.
The main capacity-building and technical cooperation activities of the UNCTAD
secretariat in 2007 are described below:
Summary of countries’ requests met with UNCTAD technical assistance in 2007
Requestor/beneficiary
Peer Reviews and
follow-up
Institutional
building
Advocacy
activities
Consumer
protection
Training of
local officials
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
Regional and
subregional
cooperation
activities
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
TD/B/COM/2/CLP/70
page 5
Benin
Bhutan
Bolivia
Botswana
Burkina Faso
Cambodia
Costa Rica
Côte d’Ivoire
El Salvador
Guinea-Bissau
Indonesia
Lesotho
Mali
Mozambique
Namibia
Nicaragua
Niger
Peru
Saudi Arabia
Senegal
South Africa
Swaziland
Togo
Trinidad and Tobago
Activities related to
drafting or
reviewing of laws
and policies
TD/B/COM.2/CLP/70
page 6
A. Activities extended to individual countries
7.
In 2007, UNCTAD continued its demand-driven efforts to assist in the creation of a
competition culture in developing countries. To that end, UNCTAD provided technical
assistance related to the preparation, adoption, revision or implementation of national
competition and consumer protection policies and legislation as well as in areas contributing to a
better understanding of the issues involved, and building national institutional capacity to
enforce effective competition legislation. UNCTAD also assisted governments in identifying the
role of competition policy in development, its implications at the national, regional and
international levels as well as strategies for regional and subregional cooperation in this field. In
2007, the main areas of UNCTAD’s technical assistance were as follows:
1. Competition advocacy
8.
UNCTAD’s various advisory and training activities were combined with or provided
through different seminars, workshops, other meetings and activities directed at stakeholders,
specific officials or a wide audience including Government officials and academics, as well as
business and consumer oriented circles. These activities contributed to raising awareness about
the role of competition and promoting a competitive culture. Thus, a Competition Law and
Policy Workshop and Meeting were co-organized by UNCTAD and the Ministry of Trade and
Industry on 12-14 June in Port of Spain (Trinidad and Tobago). In the course of the meetings,
consultations were held with Government officials on the contents of and compliance with the
Fair Trading Act 2006, as well as on the benefits of establishing a Competition Commission.
Basic concepts and principles of handling competition cases were discussed with representatives
of local judiciary. In the course of a Compal dissemination event held on 7 March in San Jose,
Costa Rica, major Compal outputs, including sectoral studies and country-specific consumer
protection strategies prepared in 2005 and 2006 were disseminated together with Compal studies
on the distribution sector, carried out with the support of the International Development
Research Centre (IDRC) of Canada. In Bolivia, UNCTAD held a national seminar on the
implementation of the Compal programme on 3 October in La Paz.
2. Assistance in the preparation of national competition laws
9.
Within the framework of efforts to help countries draft and/or review their competition
legislation, assistance was provided to Compal beneficiary countries (Bolivia, Costa Rica,
El Salvador, Nicaragua and Peru) within the framework of an academic course on competition
and consumer protection laws which took place in San Jose, Costa Rica on 8-15 March. In
Cambodia, consultations were held between UNCTAD and the Ministry of Commerce and a
Round Table was organized on 13 June in Phnom Penh for representatives of Government and
the private sector to assist Cambodia in designing and adopting the national competition law.
Assistance with the preparation of a Competition Bill was also provided to Botswana, where
UNCTAD organized a workshop for stakeholders to discuss its final draft (1 November,
Gaborone). Mozambique also benefited from assistance with the drafting of competition
legislation, and several reviews of the draft law have been held with Government officials and
experts in cooperation with the Portuguese Competition Authority.
TD/B/COM.2/CLP/70
page 7
Study tours for officials from Botswana
In 2007, UNCTAD organized study tours for officials from Botswana, including
members of the Ministry of Trade and Industry and the Attorney General’s office, to consult
two competition authorities in European developed countries (Sweden and Switzerland) and
two authorities in Africa (South Africa and Zambia). These study tours helped Botswana’s
officials improve their understanding of different aspects of the work of a competition
authority, namely its structure, functions and competences, as well as the role that such bodies
play in promoting consumer welfare and competitive markets. During these study tours, the
members of the Botswanan delegation had an opportunity not only to benefit from experiences
accumulated by foreign competition agencies in their work, but also to gain the necessary
experience for finalizing the draft of national competition law, especially in respect to the
elements of the institutional structure and powers of a future national competition authority.
Botswana is in the process of adopting competition legislation and envisages the establishment
of an operational competition authority in the first half of 2008.
3. Training of competition case handlers
10. Within the framework of training activities for competition case handlers, a workshop on
competition law and policy for the new staff of the Indonesian competition authority (KPPU)
and a round-table discussion on competition law and policy were held in Jakarta (Indonesia)
respectively on 24 and 25 April. They were co-organized by UNCTAD, KPPU and GTZ of
Germany. A study tour for judges of the Supreme Court of Indonesia to a number of
competition-related institutions in Germany was co-organized by UNCTAD and GTZ on
7-11 May within the framework of a programme on the implementation of competition law in
Indonesia. Within an ongoing national project, a study tour for Botswanan members of the Law
Drafting Committee was organized on 21-23 May to the Swedish and Swiss competition
authorities to discuss the institutional framework prepared by UNCTAD. That same month,
another study tour - to the Swiss competition authority was also organized for a West African
Monetary Union (WAEMU) delegation, headed by a WAEMU Commissioner. The study tour
was arranged as a follow-up to the recommendations of the Voluntary Peer Review on
Competition Rules held during the eighth session of the IGE in July 2007. Two study tours were
set up for competition officials from Saudi Arabia - to the Swiss Competition Commission in
February and to the German Cartel Office in June. The purpose of the study tour to the Swiss
Competition Commission was to discuss the internal organization of a competition agency and to
seek advice on the internal working procedures of this body, in particular on the handling of
confidential information. During the visit to the German Cartel Office, views were exchanged on
how to handle investigation of large mergers without burdening business through notifications
and delays. A benchmarking exercise for the Botswanan institutional framework was
undertaken with the assistance from the competition authorities of South Africa and Zambia
(5-6 November in Pretoria and 8-9 November in Lusaka). The consultations were intended to
initialize the institutional structure for the establishment of a competition authority. Two
national training seminars on the WAEMU common competition rules were held in
TD/B/COM.2/CLP/70
page 8
cooperation with the secretariat of WAEMU: 24-28 September in Abidjan, Côte d’Ivoire, and
29 October-2 November 2007 in Lomé, Togo. As a result of UNCTAD’s assistance, WAEMU
member States were apprised of the need for coordination and cooperation in the enforcement of
the community competition rules.
4. Institution-building
11. UNCTAD support to countries that have adopted national legislation, as well as to newly
established competition agencies, includes activities in support of institution-building. In this
area, UNCTAD organized in February the above-mentioned study tour to the Swiss Competition
Commission for a delegation of competition officials from Saudi Arabia. On 11 September in
Riyadh, UNCTAD held a national stakeholder meeting to launch the Saudi Competition Council
and to explain the purpose and scope of the new Competition Act. For Trinidad and Tobago, a
framework for the establishment of a Competition Commission and other related issues were
discussed at a workshop co-organized by UNCTAD and the Ministry of Trade and Industry
on 12-14 June in Port of Spain.
5. Consumer protection
12. In the area of consumer protection, Compal beneficiary countries (Bolivia, Costa Rica,
El Salvador, Nicaragua and Peru) were assisted within the framework of an academic course on
competition and consumer protection laws, organized in San Jose, Costa Rica on 8-15 March.
Two national workshops on consumer protection issues, including the presentation of the
national draft Consumer Protection Bill, were held by UNCTAD together with the Ministry of
Economic Affairs on 5 November in Mongar Dzongkhag and on 8 November in Gelephu
Dzongkhag (Bhutan). Assistance was also provided to Botswana as regards the amendment of
the Consumer Protection Act. A workshop for stakeholders was organized on 2 November 2007
in Gaborone. In addition, a training course on competition and consumer protection for
Government officials of Botswana was held in Francistown on 4-7 December 2007.
6. Peer reviews and follow-up
13. In addition, and in order to ensure coherence between overall governmental approaches to
privatization and liberalization of trade and investment regimes, UNCTAD initiated an ad hoc
Voluntary Peer Review on competition law and policy, providing a forum to review how reforms
in the field of competition could promote development and ensure that markets worked for the
poor. The eighth session of the Intergovernmental Group of Experts on Competition Law and
Policy (IGE) (Geneva, 17-19 July 2007) provided a framework within which UNCTAD held a
Voluntary Peer Review on competition law and policy of the West African Monetary Union
(WAEMU) and its eight member States - the first review of a regional grouping’s competition
policy in an international setting. The VPR highlighted the challenges and opportunities which
developing countries face in strengthening their regional cooperation and integration schemes. It
produced a range of recommendations regarding how the application of the legislation at
regional and national levels might be made more effective. UNCTAD further formulated a
regional project to build capacity for enforcement and advocacy of competition policy at the
regional and national levels with a view to disseminating the outcomes of the VPR and assist
with the implementation of the recommendations. The first meeting between UNCTAD, the
TD/B/COM.2/CLP/70
page 9
Competition Appeal Court of South Africa and international experts was held in Pretoria on
19-20 July 2007 in preparation for an internal review. Discussions covered a number of issues
related to the preparation of the review, including the adoption of detailed terms of reference.
B. Regional and subregional activities
14. UNCTAD technical cooperation and capacity-building activities were increasingly
provided within the framework of regional and subregional activities. Activities under the
Competition and Consumer Protection Policies for Latin America (Compal) programme,
supported by SECO, Switzerland, contributed to strengthening competition and consumer
protection law and policies in five Latin American beneficiary countries (Bolivia, Costa Rica,
El Salvador, Nicaragua and Peru). Several activities, including seminars, workshops, preparation
of sectoral studies on the conditions of competition in selected sectors and brochures to increase
awareness among stakeholders and others, were carried out in beneficiary countries. The second
annual monitoring meeting of the Compal programme with the participation of beneficiary
countries, SECO, COMCO and UNCTAD was held on 5-6 March in San Jose. It was followed
by a workshop organized jointly with the participation of the IDRC project on the distribution
sector (7 March) aimed at disseminating major Compal outputs as well as by a training course
(8-15 March) organized with Costa Ricans local universities and the competition and consumer
protection agencies. UNCTAD also undertook a mission to Bolivia to hold a seminar on the
implementation of Compal (La Paz, 3 October) and discussions with the national Coordination
Unit and the Consultative Group established to undertake Compal activities.
15. Assistance was provided to WAEMU members on the implementation on common
competition rules (see the Competition Case Handlers section). UNCTAD assisted in identifying
areas of concern for national competition authorities and sectors regulators, as well as
conducting an in-depth review of skills and resource needs of member States. In this connection,
UNCTAD organized two regional meetings, held on 26 and 27 March 2007 in Cotonou, Benin.
The first of these meetings discussed the main findings and recommendations of the UNCTAD
peer review report on competition policy, while the second assessed the work undertaken in 2006
within the framework of the implementation of the UNCTAD/WAEMU capacity-building
project on competition policy. In addition, a regional seminar on WAEMU common competition
rules was also held on 10-14 December 2007 in Dakar, Senegal. The meeting, organized jointly
by the WAEMU secretariat and UNCTAD for the judges of the WAEMU Competition Court,
was designed to explain the use of complex economic theories in competition cases to judges,
layers and public prosecutors.
16. UNCTAD continued its assistance to the SACU (Southern African Customs Union) to
operationalize the SACU Agreement on common policies on competition and unfair trade
practices. A series of national consultative meetings and information-gathering workshops for
the development of the SACU Cooperation Agreement on Competition Policy were co-organized
by UNCTAD, the SACU secretariat and the Government Ministries responsible for trade in
Pretoria (South Africa) on 26-27 February, Windhoek, Namibia, on 1-2 March and Manzini,
Swaziland, on 5-6 March 2007. The final draft agreement was submitted to the SACU
Secretariat by UNCTAD in November 2007.
TD/B/COM.2/CLP/70
page 10
C. Participation in seminars and conferences
17. In 2007, UNCTAD staff members took part in a number of seminars, workshops and
conferences related to issues of competition law and policy and consumer protection. In
particular, the UNCTAD secretariat actively participated in the following: a training course on
competition law in Vientiane on 6-8 February; a seminar on dispute settlement and competition
law on 19-20 March in Damascus, Syria; a SADC expert group meeting on competition policy
and law, 2-4 April in Livingstone, Zambia; a Kent Law Review Symposium on law and
economic development in Latin America, held on 13-14 April in Chicago; various Organization
for Economic Cooperation and Development competition meetings held in Paris from
16-17 April and 15-18 October; an Organization for Economic Cooperation and Development
CLP meeting on “Effectiveness of competition agency actions and decisions” held on 7 June in
Paris; a seminar on African law held in Montpellier, France, on 4 May; an International
Workshop on Globalization and Competition Law, held on 14-15 June in Dijon, France; a
Regional Workshop for sub-Saharan African Countries on Economic Partnership Agreements,
held on 13-14 July in Brussels; an ESA-EPA Meeting on Trade-Related Issues, namely
Competition Policy, held on 28-29 July in Mauritius; the TRALAC annual conference held on
20-21 September in Cape Town; the Caribbean Association of Industry and Commerce Regional
Competition Policy and Law Workshop held in Georgetown, Guyana on 5 October; a conference
on foreign trade and development prospects, held in Istanbul on 6 November; the annual ACE
conference held in Toulouse, France, on 29-30 November; the National Seminar on Competition,
Distribution and Consumption held in Tunis on 3 December; the ACF Third Annual Conference
organized in Hong Kong on 10-11 December; and the International Symposium on Enforcement
of Antimonopoly Law, held in Beijing on 13-14 December.
II. INFORMATION ON CAPACITY-BUILDING AND
TECHNICAL COOPERATION OF MEMBER STATES
AND INTERNATIONAL ORGANIZATIONS
A. Assistance provided, planned or received
18. This section provides a summary of the replies received from member States to the
Secretary-General’s note UNCTAD/DITC/CLP/Misc/2007/12 of 21 November 2007, which
requested information on technical cooperation activities in the area of competition law and
policy.
Albania
19. Until 2006, the Albanian Competition Authority (ACA) was receiving assistance form the
EU under the CARDS Program 2003. The EU TAIEX programme has approved the ACA’s
application for the organization of a workshop on public awareness and cooperation with
regulatory bodies, as well as for an expert mission to assist the ACA staff with energy-sector
investigation procedures.
20. The GTZ of Germany is providing assistance and expertise in various areas of competition
law and policy. The ACA staff also participated in various activities of the Organization for
Economic Cooperation and Development regional programme implemented through the
Regional Centre for Competition based in Budapest, Hungary.
TD/B/COM.2/CLP/70
page 11
Austria
21. Austria cooperates with the member States of the European Union and with the acceding
countries within the European Competition Network.
Brazil
22. The Brazilian Competition Policy System (BCPS) is composed of the Secretariat of
Economic Law of the Ministry of Justice (SDE), the Secretariat of Economic Monitoring of the
Ministry of Finance (SEAE), and the Council of Economic Defense (CADE).
23. SEAE was requested by the Government of Angola to assist with the drafting of a
Competition Bill in Angola as well as with capacity-building related to competition and
regulation matters. SEAE designed a work plan for technical support for the Angolan
Government and, as a first step of the project, a fact-finding mission was sent to Angola. This
was followed by several meetings with members of the Angolan Government to identify
situations deserving technical support by the Brazilian Government.
24. In addition, SDE participated in a number of initiatives concerning technical assistance.
As requested by El Salvador, SDE sent an expert to San Salvador to discuss various
competition-related issues. SDE also provided technical assistance to Chile, where a new
Competition Act is being discussed by the Parliament, and also cooperated with Chile through
the Organization for Economic Cooperation and Development Latin American Bid Rigging
Project. Furthermore, SDE has an ongoing cooperation programme with the United States
Department of Justice, which provides information on investigative techniques and other issues.
25. CADE staff members participated on two training programmes offered by the
United States Federal Trade Commission (FTC) and the Department of Justice. The FTC
programme lasted three months and specifically focused on case-handling. CADE co-chairs the
Competition Policy Implementation Working Group of the ICN, within which it took part in the
programme to establish partnerships between two ICN member agencies (Brazil and
El Salvador). CADE staff members took part in the Escuela Iberoamericana de Defensa de la
Competencia organized by Spanish authorities, as well as in the merger and cartel seminars and
workshops organized by the ICN.
Bulgaria
26. The EU Phare Programme is the main provider of technical assistance to the Commission
on Protection of Competition (CPC). The CPC has implemented successfully several
Phare-funded projects, including Phare Project BG 9910.01; Phare Twinning Light Project
BG 02/IB/FI/02/UE; Phare Twinning Project BG BG/2004/IB/FI/01; and Phare Twinning Light
Project BG /2005/IB/FI/07/UE/TWL.
Burkina Faso
27. Technical assistance in the area of competition law and policy takes the form of training
seminars for experts in charge of drafting and implementing competition legislation, economic
operators and consumer associations. In 2007 Burkina Faso was represented at the regional
seminar on community competition legislation for judges and lawyers from the Member States
TD/B/COM.2/CLP/70
page 12
of WAEMU held in Dakar, as well as the session of the Intergovernmental Group of Experts on
Competition Law and Policy held in Geneva. The topic was the voluntary peer review of
competition policies of WAEMU, Benin and Senegal.
Canada
28. The Competition Bureau Canada continues to provide technical assistance in the form of
sharing information on Canadian policy, law and practices; offering training sessions to visiting
representatives of foreign competition authorities and governments; helping develop or refine
foreign competition laws; and providing advice on specific investigations. In 2007, the Bureau
provided technical assistance to a number of countries including Chile, Switzerland and
Costa Rica (in particular within the framework of the Canada-Costa Rica FTA). The cooperation
arrangements for the Canada-Peru FTA are currently under negotiation through the competition
authorities of these countries. Competition Bureau staff and its representatives participated in
several international conferences as well as in other international activities undertaken within the
framework of ICN, UNCTAD and Organization for Economic Cooperation and Development.
The Competition Bureau also recently hosted delegations of competition experts from Hungary,
Costa Rica, the Republic of Korea, the Russian Federation and Kazakhstan.
29. The Canadian International Development Agency provided information on projects
undertaken in 2007 by the Government of Canada and including those related to competition
policy. These include: (a) Vietnam Economic Research Network, Phase II (2006-2009);
(b) Competition Policy and Development Forums 2007 and 2008; (c) Competition, Regulation
and Development Research Forum (2006-2008); (d) Creating an Economically-Enabling and
Competitive Business Environment in the West Bank and Gaza Strip (2006-2008); (e) Legal
Reform in Vietnam (2001-2008); (f) Competition for Distribution Sector Research (2005-2007);
(g) IDRC South-South Links, Third World Multinationals and Development: South Africa,
East Africa and India (2005-2007); and (h) IDRC Workshop on Understanding the Dynamics of
Trade Policy Influence: The Role of Research (2005-2007).
Colombia
30. Cooperation offered to Bolivia: training on: investigation of practices that restrict trade,
economic integration, punitive measures and the effects thereof. In addition, with regard to the
issue of unfair competition: (1) training of personnel through internships and courses in
Colombia; (2) exchange of information; (3) training provided by representatives of the
Superintendencia de Industria y Comercio in seminars and workshops held abroad.
Costa Rica
31. The Commission for Promotion of Competition has received various types of technical
assistance. Such efforts have strengthened management capacity and facilitated progress in the
area of the defence and protection of competition. Education and information has likewise been
provided to regulated sectors, public and private authorities and economic agents through
discussion groups, publication of brochures, lectures, etc. One of the most important activities
was training provided to the judges of the Administrative Dispute Tribunals, which are
responsible for reviewing the Commission’s resolutions.
TD/B/COM.2/CLP/70
page 13
Croatia
32. The Croatian Competition Agency (CCA) benefited from two CARDS projects in the area
of competition, of which the latest, completed in 2007, was aimed at the supplying of IT
equipment. The most recent of the four CARDS projects in the area of State aid includes a
project for assistance with assessing the restructuring plans of Croatian shipyards and a twinning
project with Germany and Slovenia, on the provision of assistance and IT support for the
creation of a comprehensive State aid database system (CROSADS).
33. The CCA is implementing a Phare project comprising both competition and State aid
components under a twinning subproject with German authorities, as well as a supply subproject
which is expanding the CROSADS system. The CCA is also a co-beneficiary of a smaller Phare
project dealing with State aid in the maritime sector. Although the CCA is not involved as a
beneficiary in the “BizImpact” project aimed at the SME sector in Croatia, it is actively
cooperating in its various components. The CCA is also preparing for participation in another
project, focusing on practical training of CCA and other stakeholders involved in competition
and State aid systems, primarily through stages at relevant institutions of the European
Communities and their member States. The CCA representatives were also invited by the
Organization for Economic Cooperation and Development to participate in seminars for
non-member countries as well as in different meetings of UNCTAD, WTO, EC, etc. With British
financial assistance, two CCA representatives in 2007 had a three-month secondment to the
Directorate General, Competition of the European Commission.
Finland
34. The Finnish Competition Authority has a bilateral cooperation agreement with the Federal
Antimonopoly Service (FAS) of Russia. Cooperation between the two agencies has continued
since 1994. Every year, the FCA organizes one-week training activities for two FAS specialists.
Georgia
35. The Agency for Free Trade and Competition (AFTC) provided detailed information on
assistance received by Georgia before its creation in August 2005. Since then, the AFTC has
received funding from the United States of America for the participation of officials in courses at
the Public Institute of Private Law. AFTC officials have also regularly participated in
Organization for Economic Cooperation and Development seminars - in 2006-2007, they took
part in four meetings held in Budapest and Vienna.
Indonesia
36. The Commission for the Supervision of Business Competition (KPPU) has asked
UNCTAD for technical assistance in the following areas: (a) holding a workshop on competition
in the telecommunications sector; (b) translating into Indonesian the UNCTAD Manual on
Competition Law and Policy and organizing an introductory trial workshop on the Manual;
(c) carrying out, together with KPPU, a training for trainers programme with a view to building
up and disseminating knowledge about competition policy enforcement; (d) undertaking a
librarian-exchange programme whereby a librarian from an experienced competition authority
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will be posted to KPPU to assist its library staff in processing and accessing information;
(e) setting up a regional virtual forum for cooperation between KPPU and other ASEAN
countries on competition law and policy.
37. Furthermore, the Supreme Court of Indonesia has asked UNCTAD to assist with private
enforcement of competition law by organizing workshops and providing appropriate background
documentation.
Jamaica
38. In 2007, representatives of the Fair Trading Commission (FTC) participated in various
conferences, workshops and study tours held in Bridgetown (Barbados - three meetings), Port of
Spain (Trinidad and Tobago- two meetings), Georgetown, Guyana, Paramaribo, Suriname,
Belize, Rome, New York, Gainesville, United States, Cambridge, United Kingdom, Ottawa,
Canada and San Salvador, El Salvador. In Kingston, the IDB/MIF funded the Shirley Playfair
Lecture and visits of two consultants who provided the FTC with training and guidance on
ongoing investigations and advocacy matters.
Japan
39. The Japan Fair Trade Commission (JFTC) provided the following technical assistance
in 2007: (a) country-focused training for China and Indonesia; (b) group training for
10 developing countries; (c) local workshops for China and Philippines, (d) advocacy seminars
for China; (e) the dispatching of a long-term advisor to Indonesia, (f) the APEC Training Course
in Singapore; (g) the dispatching of officials to seminars organized by other jurisdictions and
international organizations such as APEC, Organization for Economic Cooperation and
Development and UNCTAD. Assistance under points (a) to (e) was provided with the financial
support of the Japan International Cooperation Agency (JICA).
Italy
40.
In 2007 the Italian Competition Authority (ICA) carried out the following projects:
(a) Romania: a Phare programme on “Advancing the administrative capacity and
application of the acquis in the competition and State aid area, coherent with the MS status at the
date of accession”. The project is aimed at fulfilling the required conditions regarding the legal
framework, institutional organization and job qualifications for the national institutions involved
in competition protection and State aid control, as well as the promotion of the competition and
State aid rules and discipline.
(b) Bulgaria: a Phare twinning project “Preparing the Commission on protection of
competition for the direct application of the rules of the community competition acquis and
cooperative works with the European Commission” aimed at the establishment of administrative
capacity to properly apply directly the antitrust acquis in light of the preparation of Bulgaria for
the internal market.
(c) Russian Federation: a TACIS twinning project “Fair competition development in the
financial sector of the Russian Federation through reduced participation of federal and regional
State authorities in the capital of financial institutions”. In the course of the project, ICA
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organized two seminars in Rome and Moscow to discuss competition issues related to the
banking sector. At the end of the project, a report was delivered on the role played by the State in
the financial sector of the Russian Federation.
Latvia
41. To successfully carry out the tasks identified in EC Regulations No. 1/2003 and 139/2004,
the Competition Council of Latvia (CCL) has to develop its market and sectoral investigation
as well as analytical capacity. In 2007, the CCL prepared and submitted documentation
for implementation of the EU-funded Transition Facility Twinning Light Project
No. LV/2006EC-01TL entitled “Further economic research and analysis capacity strengthening
of the Competition Council”. The project is to be implemented in 2008 and is designed to
improve the CCL’s capacity for economic analysis as an instrument to increase competitiveness
of national economy within the scope of the goals defined by the Lisbon Strategy.
Portugal
42. In 2007, the Portuguese Competition Authority (PCA) cooperated in the development of
the Ibero-American Competition Network and participated, together with UNCTAD, in technical
cooperation activities in the context of the Lusophone Competition Network. The PCA also
hosted a delegation from Bulgaria in the context of European Commission’s TAIEX programme,
provided training in the area of concentration to Chinese officials; and worked together with the
Turkish Competition Authority on the establishment of a Technical Assistance Protocol to
develop joint projects in the field of competition policy. In addition, the PCA participated in a
Conference held in Tunisia in the context of the EU Twinning Project with Tunisia dedicated to
competition, distribution and consumers.
South Africa
43. There have been at least two workshops hosted by the South African competition
authorities, conducted by UNCTAD officials and attended by delegates from other African
countries. The Competition Commission has also sent its representatives to other African
countries to facilitate UNCTAD workshops. In 2007, the Commission, with the assistance of
UNCTAD, hosted a delegation from Botswana in order to assist Botswanan officials with the
setting-up of a competition authority.
Suriname
44. The only planned technical cooperation is that envisaged within the framework of the
Cariforum-EU relations (EPA).
Turkey
45. In 2007, the Turkish Competition Authority (TCA) organized a one-week extensive
training programme for the officials of the Mongolian Competition Authority. It also received
officials from Uzbekistan within the framework of the Uzbekistan National Development
Programme, as well as Jordanian competition officials. The TCA in principle accepted a request
for technical assistance from the Albanian Competition Authority. The TCA signed a
memorandum of understanding (MoU) with the Bulgarian Commission on Protection of
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Competition and is prepared to sign similar agreements with Portuguese and Mongolian
competition authorities. In addition, it actively participated in various ICN working groups and
benefited from the consultation programme organized under the auspices of the Working Group
on Capacity-building and Competition Policy Implementation.
Viet Nam
46. Since 2003, the Viet Nam Competition Administration Department (VCAD), in the
process of drafting appropriate legislation, has received considerable support from the Canadian
Policy Implementation Assistance Project. The 7Up2 program of CUTS International is helping
the VCAD in training human resources as well as in popularizing the responsibility of protecting
consumers within the business community. A project backed by the Swiss Government to assist
VCAD with competition and consumer protection areas is being implemented during 2008-2010.
Andean Community
47. Despite activities undertaken in the context of the Competition Project (November 2002 to
October 2005), to date neither Bolivia nor Ecuador have been able to implement national
standards relating to competition. They do not however have a competition authority responsible
for the protection and promotion of competition, and only have temporary free competition/trade
authorities.
48. In the area of capacity-building, in 2007 staff from the Commercial Defense and
Competition Instruments Project participated in the Ninth Internship Programme for civil
servants from North and South America at the National Institute for the Defence of Competition
and Intellectual Property (INDECOPI).
Organization for Economic Cooperation and Development
49. Competition outreach is an activity which is integrated into the work of the Organization
for Economic Cooperation and Development’s Competition Committee. The bulk of outreach
activities are conducted through the two Organization for Economic Cooperation and
Development Regional Centres for Competition in Korea and Hungary. These constitute the
focal points for much of the Organization for Economic Cooperation and Development’s
capacity-building work in Asia and Central and Eastern Europe. In 2007, Organization for
Economic Cooperation and Development outreach activities included a full programme of events
at these two Centres - seven seminars in Budapest and four seminars in Seoul, attended by
competition officials from the region.
50. An annual European Judges Seminar on EC Competition Law Fundamentals was run in
Budapest for judges at national courts of new EU member countries, applicant countries and
other South-East European countries. Seminars and consultations were also held in Russia,
Viet Nam, China, Malaysia, Indonesia and Mongolia. A workshop on tools for an effective
competition policy was held in Tunisia for the French-speaking North African countries. A
project to reduce bid-rigging was launched in Latin America. Consultations were held with
Brazil and Chile on establishing anti-bid-rigging enforcement practices.
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51. The fifth annual meeting of the Organization for Economic Cooperation and Development
Latin American Competition Forum took place in Puebla, Mexico in September. It included a
roundtable on public procurement in Latin America, an introduction to the Organization for
Economic Cooperation and Development Competition Assessment Toolkit and a follow-up to
the previous peer reviews of Argentina, Brazil, Chile, Mexico and Peru.
B. Requests for assistance
52. This subsection contains extracts from the replies received to the Secretary General’s note,
as well as from other correspondence of UNCTAD, which are related to requests for technical
assistance with identification of specific competition law and policy areas or issues which States
wish to receive priority attention.
Albania
53. The recently restructured Albanian Competition Authority (ACA) requires assistance in
general competition law and policy-related areas such as abuse of dominant position, mergers
and restrictive agreements or arrangement. Assistance is also required in the following fields:
(a) improvement of the legislative framework / secondary legislation in accordance with the
EU competition legislation; (b) evaluation of laws and draft acts; (c) competition advocacy and
public awareness; (d) investigation techniques; (d) investigation expertise in different sectors
such as energy, finance (banking and insurance markets), liberal professions, media and
advertising.
Bhutan
54. Bhutan is requesting assistance from UNCTAD in (a) preparing market surveys in selected
sectors of interest to consumers, as well as applying guidelines and regulations for the
implementation of the Consumer Protection Law; (b) organizing two regional
awareness-building workshops on the results of the surveys and on the recently adopted
Consumer Protection Bill.
Burkina Faso
55. Burkina Faso needs increased technical assistance in general in order to strengthen its
competition law and policy.
Colombia
56. The Superintendencia de Industria y Comercio would like to receive assistance from and
learn more about the experiences of Argentina, Brazil, Chile, Mexico, European Union, Spain,
United States and Canada, in particular about the experiences accumulated within trade
agreements, both regional (MERCOSUR - Argentina, Brazil and Chile; NAFTA - Mexico,
United States and Canada) and bilateral (Chile with Japan and United States).
57. Colombia believes it would be useful to have some training in the prosecution of restrictive
business practices and the analysis of concentration in expanded markets, and would like to
have: (1) expert advice; (2) training for staff, on internships and courses abroad; (3) an exchange
of information; and (4) training on the subject in situ, at seminars and workshops.
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Kenya
58.
Kenya seeks assistance in the following areas:
(a) Advocacy and pedagogical initiatives after the enactment of the new competition
legislation;
(b) Capacity-building, especially in investigative and research areas, through national
workshops and seminars;
(c) Equipping the documentation centre with the latest economic books and journals on
competition issues;
(d)
Attachment of MPC staff to well-developed competition agencies.
Lebanon
59. Assistance is requested in the form of international experts’ missions, staff training,
workshops and study visits to formally establish the Lebanese Competition Council to ensure
that it is operational before the end of 2008.
Madagascar
60. The Directorate for Competition and Internal Trade of the Ministry of the Economy, Trade
and Industry made a presentation on a project to strengthen the capacity of the national
competition authorities. The overall goal of the project is to ensure optimal competition in the
markets. Other objectives of the project include the establishment of a Competition Council
responsible for applying competition legislation and rules in the context of the new system
outlined in the Competition Act, as well as the establishment of an integrated competition
information and education system.
Malawi
61.
Malawi seeks assistance in the following areas:
(a)
Training of Commission staff;
(b)
Study tour and training of commissioners;
(c)
Training workshops for judges;
(d)
Awareness-building workshops for journalists;
(e)
Awareness-building workshops for sector regulators.
Malaysia
62.
Malaysia seeks assistance in preparing sectoral studies on the following subjects:
(a)
Addressing agricultural sector and competition issues;
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(b)
Dealing with retail price maintenance in competition legislation;
(c)
Formulating penalties and sanctions in competition legislation;
(d)
Justifying the exclusion of the shipping sector.
Mauritius
63. The Ministry of Industry, Small and Medium-sized Enterprises, Commerce and
Cooperatives seeks the services of an expert to help draft guidelines and memoranda and to assist
with capacity-building. An appropriate person is also needed to serve as the Executive Director
of the Competition Commission.
Mozambique
64. UNCTAD was requested to organize a briefing for the Minister of Trade and Industry on
the Law prepared by UNCTAD with a view to allowing the Minister to reply to the queries of
Cabinet and Parliament.
Namibia
65.
Namibia seeks assistance in the following areas:
(a)
Attachment of an advisor to provide technical backup for the Commission;
(b)
Training for Commission staff;
(c) Study tour and secondment of Commission staff to well-functioning Commissions or
Authorities.
Oman
66. The Competition Commission is requesting assistance in the implementation of the Royal
Decree on “Promulgating the Law on Trademarks, Descriptions and Secrets and Protection from
Unfair Competition”.
Suriname
67.
The following assistance is needed:
(a) Training programmes that will give local law and trade officials a better
understanding of different aspects of competition law and policy;
(b)
Training programmes for the private sector and consumer organizations;
(c) Public awareness programmes in order to better prepare the general public for the
implications of competition legislation.
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Swaziland
68.
Swaziland seeks assistance in the following areas:
(a)
Training of Commission staff, including on investigation issues;
(b)
Attachment of an advisor to assist in the setting-up of the Commission;
(c)
Study tour to well-functioning Commissions or Authorities;
(d)
Sharing of information and subscription to journals on competition issues;
(e)
Advocacy seminars and workshops on the role of competition policy and law.
Viet Nam
69. The VCAD is seeking support and assistance from other competition authorities like the
Japan Fair Trade Commission, the Korea Fair Trade Commission, the United States Federal
Trade Commission, the United States Department of Justice, etc.
Zambia
70. The Government of Zambia is in the process of developing a competition and consumer
welfare policy and reviewing the existing Competition and Fair Trading Law. To this end, the
Government is seeking UNCTAD’s assistance with the formulation of a national competition
policy. Assistance is also needed to review the Competition and Fair Trading Act. Zambia has
access to funding for this review.
Zimbabwe
71. The Competition and Tariff Commission is requesting assistance in co-organizing, with the
Zambian Competition Commission, the Regional Basic Competition Training Seminar for
countries of Eastern and Southern Africa. The seminar is envisaged as an interactive training
course designed to promote greater understanding and effective implementation of competition
laws and regulations. It is intended for competition officials (including newly recruited officers)
responsible for investigation of anti-competitive practices and merger control enforcement.
Andean Community
72.
Technical assistance is required in the following areas:
(a) Technical assistance to consolidate Bolivian and Ecuadoran national norms relating
to competition and to the establishment of competition authorities;
(b) Visits from international experts to provide training for Andean Community civil
servants in the areas of support for investigations and settlement of cases;
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(c) Internships for Andean Community civil servants in competition authorities in
Europe, Mexico, the United States, etc.;
(d) Opportunities for Andean Community civil servants to participate in international
forums such as the International Competition Network (ICN) and the Organisation for Economic
Cooperation and Development (OECD);
(e) Facilitate exchange of staff between Andean agencies and agencies from outside the
Andean Community of Nations (CAN);
(f) Support for the consolidation and implementation of Andean Community and
national norms.
73. The Common Market for Eastern and Southern Africa (COMESA) is requesting assistance
from UNCTAD in providing resource persons for the following seminars: (a) regulations and
rules for the newly established Competition Commission of the Common Market for Eastern and
Southern Africa; and (b) capacity-building for the newly appointed Commissioners.
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